Can deadly force be threatened to stop a motorcycle theft?

Can Deadly Force be threatened to stop or prevent a motorcycle theft?
copyright 2017 by jon gutmacher

Here's a recent question I received regarding a possible motorcycle theft, and my response:

QUESTION:  There is a major debate about a video of a guy who appears to be looking to steal a motorcycle out front of a residence. The homeowner walks out of the front door with a firearm, points it at him and the guy runs off and away from the motorcycle stating he was just looking. Whether he was or not isn't really important.  My question is, is it illegal to brandish a firearm and then point it at someone while they were seated in your motorcycle? We don't know if he would have taken it and even if he did steal it, it's still not legal to defend your motorcycle in the state of FL unless it's within your castle. Is this correct?  Can a person be charged with anything, say brandishing or otherwise? Or are we covered cause it was use of non deadly force?

ANSWER:  By your question, I think you’ve overlooked that since 2014, a threat of deadly force requires a deadly force situation.  However, the question is still a valid one.  In answering,  a motorcycle is a “motor vehicle”, therefore an attempted theft of a motorcycle would be an attempt to commit a “forcible felony”.  The threat of deadly force is lawful to stop or prevent the imminent commission of a forcible felony.   Likewise, if it was reasonable to believe that an individual who was seated on the bike was actually in the process of attempting to steal the bike – then he or she has also broken the “imaginary plane” of the bike’s exterior – which would then be a “burglary” rather than an “attempt”, since an entry with the intent to commit a crime (other than trespass) is a completed burglary, whether goods are removed, or not.  Thus, under current law in either situation, it would be lawful to “threaten” the use of deadly force, including the display of a firearm – although actually “using” deadly force in such a scenario could legally prove more difficult, as the actual “use” of deadly force (discharge or striking with) is always a question of whether such is reasonable and necessary under the circumstances.  It’s all in my book in the three chapters on self defense.

Whether or not you could be charged is another question – as anyone can be charged with anything – no matter how outlandish the charge is.  All you need is an anti-gun cop, or prosecutor, and then you’re in the battle.  An excellent reason for self defense insurance, with my number one choice as CCW Safe.

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